The Applicable Limitation and Legal Regulation of Criminal Retrieval to Personal Information
In the digital age,investigative agencies rely on digital information technology to enhance data collection and processing capabilities and improve case detection efficiency.However,while investigative agencies enjoy the benefits of information retrieval measures to improve case handling efficiency,they also induce the hidden dangers of improper application of information retrieval measures to infringe on the rights of information subjects and the rights of information processors.At present,in criminal procedure legal norms,the content of information retrieval measures presents an authorization color,the overall normative density is low,and there is no strict procedural con-trol over the investigative agencies'rights to retrivel information.Driven by convenient rules and technologies,in-vestigative agencies obtain a wide range of citizen information controlled by third parties,especially Internet compa-nies,in the name of retrieval,which hides the risks of investigative agencies abusing their rights to obtain informa-tion and improperly restricting citizens'personal information rights and the rights and interests of Internet informa-tion companies.In the process of investigative agencies applying information retrieval measures,they should follow the concept of limits.Specifically,there are three limits.The first is to clarify the operating limits of investigative power,that is,to restrict the operation of investigative power based on the principles of statutory procedures and proportionality,and to restore the necessary limits of information retrieval by investigative agencies.The second is to play the restrictive role of citizens'rights,that is,to set limits on the information retrieval behavior of investigative agencies based on citizens'rights,and not to excessively interfere with citizens'privacy rights and personal infor-mation rights.The third is to play the restrictive role of the legitimate rights and interests of information processors,that is,to set limits on the information retrieval behavior of investigative agencies based on the rights and interests of network information companies,and not to impose excessive cooperation obligations on companies.Strengthening the legal regulation of the investigative agencies'personal information retrieval measures is carried out in the follow-ing aspects:First,improve the procedural normative mechanism for criminal retrieval to personal information,and carry out legal authorization and procedural regulation according to the two attributes of arbitrary investigative meas-ures and mandatory investigative measures,and make"informatization"adjustments to the existing criminal proce-dure norms to strengthen the legal control of the investigative power.Second,establish a mechanism for protecting citizens'personal information in criminal proceedings,recognize the basic right of personal information at the insti-tutional level,and use privacy rights and personal information rights as the basis for personal information protection.That is,on the basis of the existing privacy system,introduce personal information rights to ensure that information subjects can directly and actively protect their personal information by exercising the right to know information,the right to access information,the right to correct and delete information,and other rights,as well as make up for the shortcomings of the passive defense of privacy rights.Third,optimize the right protection mechanism for enterprises to cooperate with criminal law enforcement,refine the obligations of enterprises to assist in criminal law enforce-ment,establish an exemption mechanism for enterprises,and reconcile the conflict between the obligation to assist in law enforcement and the obligation to comply with data regulations;grant enterprises as third-party information controllers the necessary rights so that they can safeguard their legitimate rights and interests in an active manner.
criminal retrievalpersonal information rightsprivacy rightsmandatory measureslegal regulation
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